Compare and contrast the intellectual property laws and systems in UK and US.

Leezer Kaur
Aug 20, 2023
3 min read

"Written by Leezer Kaur, a student".

Introduction

Intellectual property refers to the work or idea developed by a person by using his intellect. It may include any literary, or artistic work or logos, designs, and symbols used by the entities to symbolise themselves. The intellectual property rights are the rights granted to the original creator of an idea or work and these are granted for a limited period only. Around twenty-five international treaties based on intellectual property rights are there. Also, an international organisation i.e. World Intellectual Property Organisation (WIPO) is there to manage intellectual property rights at an international level. Article 27 of the UDHR i.e. Universal Declaration of Human Rights, 1948 also provides for the protection of intellectual property rights. It is very important to protect the intellectual property rights of the inventors or creators as they devote a lot of time, effort, and money to the invention of such ideas and also they must be credited for their efforts.

Intellectual Property Law and System in the UK

In the UK, the authorities provide two types of protection to the creators:

automatic protection- where there is no need to apply for protection. ( artwork, literary work, photography-related material, etc.)
the ones that need an application for getting protection (including trademarks, patents, and registered designs).

In the UK, patents are regulated by the Patent Act, 1977 which incorporates the principles of the European Patent Convention, 1973. The person is supposed to file a patent application to get his patent registered and the same may be rejected if it didn’t meet the required conditions or is against public policy, morality, etc. Also, patents are granted for a maximum period of twenty years and can even be renewed after that. These can be applied through the UK Intellectual Property Office or the World Intellectual Property Office.
The protection granted for trademarks is territorial and there is a symbol for the identification of the registered trademarks i.e. ®. A trademark is registered is mainly registered for ten years and can be renewed after that. Also, the trademark application can be obtained through a national trademark application or an application for an international trademark.
In the UK, a copyright cannot be registered although the UK has signed various international treaties related to copyrights. Also, the symbol © is used to identify the original work of the author.
In the UK, protection is also provided for designs, trade secrets, etc. Also, the registered works have better protection than the unregistered ones.

Intellectual Property Rights in the US

In the USA, there are two authorities i.e. the US Patent and Trademark Office and the US Copyright Office that look into the matters concerned with the registration of trademarks and copyrights. Also, digital registration with the US Customs and Border Protection can be used to get a trademark or copyright registered.
To get a patent, an application is to be made to the US Patent and Trademark Office. The patents are provided for a period of a maximum of twenty years which are to be renewed after regular intervals of time. The patents could be utility patents or design patents or plant patents.
To obtain a trademark, an application has to be made to the US Patent and Registration Office which can be made online as well. The symbol ™ is used for goods and the sign ‘SM’ is used for the services-related trademark.
Although registration of a copyright is not mandatory to claim protection it has several benefits that provide enhanced protection to the creator. The copyrights can last even up to 70 years after the author’s death. Also, trade secrets are protected by the US intellectual property law system.

Comparison

There is a similarity in the copyright laws of both these countries. Both nations value and promote the originality of work. In the UK, it is not mandatory to register the copyright but it is necessary to register it under the USA system. Both US and UK are parties to the Beijing Treaty of 2012 related to intellectual property laws.
Both are parties to the Patent Cooperation Treaty of 1970 and can protect an idea or work by filing an international-level patent application.
In the UK, the Trademark Act, of 1994 regulates trademark laws but in the USA, the Lanham (Trademark) Act, of 1946 governs them. Both are signatories to the Singapore treaty as well. However, the UK is a party to the Madrid agreement of 1891 but the USA is not a part of it.

Conclusion

The intellectual property-related provisions in both US and UK are similar. Both of them respect originality and promote the registration of the works. Registration is mandatory in the USA but not in the UK.

References

'Intellectual property laws and systems in USA and UK', available at: https://blog.ipleaders.in/intellectual-property-laws-systems-uk-usa/.
'What is intellectual property?', available at: https://www.wipo.int/about-ip/en/.
'Analysis of laws related to IPR in India, US and UK', available at: https://enhelion.com/blogs/2021/03/23/analysis-of-laws-relating-to-patents-in-india-u-s-a-and-u-k/.